Man's arrest in police scuffle outside Covington bar deemed improper

The first of two men booked after a highly scrutinized scuffle with cops at a downtown Covington bar last year should never have been arrested, an internal police investigation has found. Edward Boudreaux, 33, had done nothing to prompt a Covington Police officer to throw him against the hood of a car and cite him with misdemeanor resisting arrest, internal affairs Lt. Stephen Short concluded.

Story by

Claire Galofaro and Ramon Antonio Vargas

St. Tammany bureau

But Short's report justifies much of what happened in the wake of Boudreaux's arrest -- eight cops taking down Boudreaux's friend, Lucas Breazeale, who was subsequently shocked with a stun gun and jailed with felony resisting arrest.

The criminal charges against both men are pending despite the lieutenant's determination that Boudreaux shouldn't have been booked at all.

Steve Irwin, attorney for both men, said, "The bottom line is that Edward Boudreaux should never have been arrested - he hadn't committed any crimes, he shouldn't have been taken into custody, he should have been left alone. You can't justify assaulting and battering citizens when the entire situation shouldn't have happened in the first place."

Half of the officers ran afoul of departmental guidelines during the early-morning incident outside the Green Room on Boston Street, Short's report found. Two of them are no longer with the department -- Sgt. Eric Driscoll pleaded guilty to an unrelated brutality charge and resigned, while Lt. Michael Revere retired several weeks ago.

Capt. Jack West, spokesman for the Covington Police Department, declined to comment on the report's findings and would not say what repercussions might befall the other two culpable officers -- Joseph Mahon, who arrested Boudreaux; and William Manning, who fired his Taser at Breazeale twice.

The investigation concluded that Mahon violated the department's standards governing the knowledge of laws and rules. Manning, Driscoll and Revere violated rules regarding the medical treatment related to the use of a stun gun and a State Civil Service statute regarding "the commission or omission of any act to the prejudice of the departmental service or contrary to the public interest."

Drawing from interviews with witnesses, reports filed by officers as well as video and audio recordings, the investigation determined that Manning failed to document the areas of Breazeale's body where the stun gun was applied. He did not seek medical treatment for Breazeale after he was shocked, nor did he submit this information to evidence. His supervisors, Revere and Driscoll, were responsible for overseeing that such procedures were followed.

The investigative report did not include statements from Driscoll, who declined to give one via his attorney, or Revere, who could not be reached prior to his retirement.

According to Short's report, this is what happened:

Covington Police officers went to the Green Room early on Feb. 27, 2011, to check on reports of a brawl in the parking lot. When the officers arrived, the brawl was over, despite Driscoll's incorrectly indicating at one point that officers "broke up a fight behind the Green Room." Breazeale, his girlfriend and Boudreaux were leaving the bar.

Mahon observed an "agitated" Boudreaux standing in the parking lot with his fist clenched and in a fighting stance. Ignoring Mahon's commands to stay, Boudreaux walked away. Mahon, wrongly suspecting that Boudreaux had participated in the fight, grabbed him; placed him on the hood of the patrol car; and handcuffed him.

Boudreaux was ultimately issued a court summons for resisting arrest, but given the circumstances, that was improper, Short said.

As Boudreaux was being arrested, Breazeale approached officers to tell them they had the wrong guy. He stuck his arm across Driscoll's chest and yelled, "I can give a statement."

Driscoll says he put his hand on Breazeale's chest and instructed him to back up, but Breazeale pushed Driscoll's arm away.

A fracas ensued, and Breazeale supposedly bear-hugged Driscoll, restraining the sergeant's arms and hands. Driscoll then head-butted Breazeale in the face, and Breazeale let go.

Assisting officers then struggled but managed to get Breazeale to the ground. Police said he kept resisting, so Manning stunned Breazeale in the chest. Officers got Breazeale onto his stomach, and Manning stunned Breazeale's back when he wouldn't comply with their orders to surrender.

Officers confiscated a pocket knife from Breazeale when he was arrested, though there is no record it was ever logged into evidence, and it has not been located since, the report notes.

The months-long internal investigation started after Irwin filed a complaint about the incident with the vice president of the nonprofit watchdog Metropolitan Crime Commission, Anthony Radosti. Radosti, in turn, filed complaints with the police department's internal affairs division and the St. Tammany Parish District Attorney's office.

Short's report determined that the arrest of Breazeale was reasonable. But Irwin argues that Breazeale would have never had to confront police -- and thus would have never been shocked nor arrested -- had it not been for the initial, unlawful arrest of Boudreaux.

He filed a federal civil rights lawsuit against the department on behalf of Breazeale, and he said Boudreaux is considering filing a similar suit.

Irwin said he made the prosecutors on both active cases aware of the report, dated June 29, making a particular mention of its determination that Boudreaux should have been left alone.

Rick Wood, spokesman for the district attorney, declined to discuss the state's plans.

Boudreaux was set for trial this week, but it was delayed until September. Breazeale's trial is scheduled for next month.